Coronavirus has impacted every part of daily life, especially for families dealing with legal issues. Whether it’s custody arrangements, child support, or divorce, the pandemic has created new challenges. If you’re facing coronavirus family law problems, you need clear solutions fast. Here’s what you need to know about handling emergencies, court orders, and child support during these uncertain times.
Coronavirus Family Law Problems: Legal Emergencies During COVID-19
What Qualifies as an Emergency?
In family law, emergencies involve immediate threats to safety or serious violations of court orders. A situation becomes urgent if your child is in danger or if an ex-spouse is violating custody agreements, like refusing to return your child during your scheduled time. Smaller disputes, like financial disagreements, don’t qualify as emergencies in the eyes of the court.
How to Handle Urgent Family Law Situations
If you face an emergency, take immediate action by contacting your attorney. Courts can still address these situations even during the pandemic. You may need to request emergency temporary orders or a restraining order to protect yourself or your child. Judges remain available for urgent matters, and some may even allow virtual hearings.
How to Address Child Custody and Possession During School Closures
Court Orders and School Closures
Court-ordered possession schedules remain in place even if schools close. You must follow the schedule as written, regardless of changes in the school calendar. This means pick-up and drop-off times don’t change, and any agreed-upon vacation schedules remain valid unless officially modified.
Working with Your Ex-Spouse
If school closures make the standard schedule difficult, communicate with your ex-spouse. Work together to find a solution that suits both of you. Flexibility can reduce stress and prevent further disputes. Keep your communication clear and respectful, and confirm any changes in writing. If you can’t agree, the court order stands.
Coronavirus Family Law Problems: Child Support Responsibilities Amid Job Loss
Are You Still Required to Pay Child Support?
Yes, child support remains a legal obligation until a court modifies the amount. Even during the pandemic, losing a job doesn’t excuse you from making payments. You must continue to follow the terms of your child support order unless you get an official change from the court.
Steps to Request a Modification
If your income drops significantly, request a modification as soon as possible. Filing a motion with the court can temporarily reduce the amount you owe. However, it may take time to get a hearing due to the current backlog in the courts. Be prepared for delays and gather documentation showing your change in income.
Communication with Your Ex-Spouse
Inform your ex-spouse immediately if you experience job loss or financial hardship. Open, honest communication can help you reach an agreement on temporary payment arrangements. Many ex-spouses are willing to negotiate, but they need to know what’s going on. Don’t let them find out after payments are missed—address the issue early to avoid tension.
Dividing Coronavirus Relief Payments During a Divorce
Who Gets the Relief Check?
When you and your spouse file taxes jointly, determining who receives the coronavirus relief check can get tricky. The government bases the payment on the tax return from either 2018 or 2019. If your tax refund or payment went into a joint account, the relief check will likely follow that same pattern. If you have separate accounts, the funds will end up in the account linked to the tax return. This can cause confusion during a divorce, especially if both parties claim a share of the payment.
How to Divide Relief Payments
During a divorce, it’s important to discuss how to divide the relief payment. You need to consider your financial situation, shared expenses, and any ongoing family obligations. Work with your spouse to agree on a fair split. If the negotiation stalls, involve your attorneys to mediate the conversation. Courts may take into account who needs the relief funds more or how child-related expenses are being handled. The key is clear communication and ensuring both parties feel heard.
Conclusion
Coronavirus has added new challenges to family law issues like custody, child support, and dividing relief payments. Address these problems directly by keeping open communication with your ex-spouse, understanding court orders, and seeking legal guidance. Virtual consultations with family law professionals can help you get answers and resolve disputes quickly. Don’t hesitate to reach out and get the support you need to navigate this difficult time.
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Law Office of Bryan Fagan, PLLC | Houston, Texas Divorce Lawyers
The Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding divorce, it’s essential to speak with one of our Houston, TX, Divorce Lawyers right away to protect your rights.
Our divorce lawyers in Houston, TX, are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
